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Taos City Zoning Code

§ 16.16.010.3

Requirements for uses requiring a conditional use permit, special use permit, or variance.

A. 
Conditional use permits.
Uses requiring a conditional use permit are enumerated separately in the individual sections of this chapter establishing the regulations governing individual zones. The commission may grant a conditional use permit providing that:
1. 
The use is a specifically authorized conditional use in the zone in which the property is located;
2. 
All other requirements of this title are met, unless a variance is granted for those requirements which are specific prerequisites for granting of the conditional use permit sought by the applicant; and
3. 
The conditional use will not create a danger to the public health, safety or welfare, nor cause an extraordinary public expense, nor create a nuisance.
B. 
Special use permits.
Uses requiring a special use permit are listed in section 16.16.210 of this chapter and may be applied for in any zone except the ARO zone. The commission may grant a special use permit providing that:
1. 
The use is specifically authorized as a special use in section 16.16.210 of this chapter;
2. 
All other requirements of this title are met, unless a variance is granted for those requirements which are specific prerequisites for granting of the special use permit sought by the applicant; and
3. 
The special use will not create a danger to the public health, safety or welfare, nor cause an extraordinary public expense, nor create a nuisance.
C. 
Variances.
Deviations or departures for the development standards of the zone where the property is located, and/or the performance standards of chapter 16.20 of this title, may be granted provided that the commission determines:
1. 
Failure to grant the variance would result in such unnecessary hardships as to make it unreasonable to apply the strict letter of this title to the property which is the subject of the variance application; and
2. 
The practical difficulties were not created by the applicant and the variance is the minimum action necessary to afford appropriate relief and no other means are available to achieve the benefit sought by the applicant; and
3. 
The granting of the variance is not contrary to public interest; and
4. 
The variance is in the spirit of the zoning ordinance and substantial justice done.
(Ordinance 17-07 adopted 2017)